HomeMy WebLinkAboutVacation - Alley - First North/West alley noth/east of Lincolnway east from the North/East right of way of BronsonORDINANCE No. a~s~
Passed by the Common Council of the City of South Bend, Indiana,
March ~ 8, 19 99
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
March 9
:'ity Clerk
President of Common Council
19 99
City Clerk
Approved and signed by me March 9, 19 99
~ ~~z~-
Mayor
ORDINANCE N0. ~~ ~~ - 9 q
AN ORDINANCE TO VACATE THE FOLLOWING DE5CRZSED PROPERTY:
THE 1ST NORTH/WEST ALLEY NORTH/EAST OF
LINCOLNWAY EAST FROM THE NORTH/EAST RIGHT-OF-
WAY OF BRONSON STREET TO THE SOUTH/EAST RIGHT-
OF-WAY OF THE 1ST NORTH/EAST ALLEY NORTH/WEST
OF BRONSON STREET FOR A DISTANCE OF
APPROXIMATELY 116.2 FEET AND A WIDTH OF
APPROXIMATELY 14 FEET. ALL LOCATED IN FRANTZ'S
ADD., CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common Council
is charged with the authority to hear all petitions to vacate
public ways or public places within the City.
The following Ordinance vacates the above described public
property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend
having held a public hearing on the petition to vacate the
following property:
THE 1ST NORTH/WEST ALLEY NORTH/EAST OF
LINCOLNWAY EAST FROM THE NORTH/EAST RIGHT-OF-
WAY OF BRONSON STREET TO THE SOUTH/EAST RIGHT-
OF-WAY OF THE 1ST NORTH/EAST ALLEY NORTH/WEST
OF BRONSON STREET FOR A DISTANCE OF
APPROXIMATELY 116.2 FEET AND A WIDTH OF
APPROXIMATELY 14 FEET. ALL LOCATED IN FRANTZ'S
ADD., CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights
and easements of all utilities and the Municipal City of South
Bend, Indiana, to construct and maintain any facilities, including,
but not limited to, the following: electric, telephone, gas,
water, sewer, surface water control structures and ditches, within
the vacated right-of-way, unless such rights are released by the
individual utilities.
SECTION III. The following property may be injuriously or
beneficially affected by such vacating:
LOT NOS. 1 & 4 - FRANTZ'S ADDITION
SECTION IV. The purpose of the vacation of the real property
is for parking.
SECTION V. This ordinance shall be in full force and effect
from and after its passage by the Common Council and approval by
the Mayor.
Member of the Common Council
1st READING o~'Q 9
PU6LIC HEARING ~ - ~ ~-~`~
3rd READING 3 -~ - ~ C1
NOT APPROVED
REFERRED
PASSED .3~-~ ' ~~ r1
filed in Clerk's ~fiice
FEB 0 2 1999
LORETTA J. DUDA
CITY CLER>z, 30, 0EF8D, IN.
COMMITTEE REPORT
TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
8-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE 1ST NORTH/WEST ALLEY NORTH/EAST OF LINCOLNWAY
EAST FROM THE NORTH/EAST RIGHT-OF-WAY OF BRONSON
STREET TO THE SOUTH/EAST RIGHT-OF-WAY OF THE 1ST
NORTH/EAST ALLEY NORTH/WEST OF BRONSON STREET FOR
A DISTANCE OF APPROXIMATELY 116.2 FEET AND A WIDTH
OF APPROXIMATELY 14 FEET. ALL LOCATED IN FRANTZ'S
ADD., CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
Respectfully report that this bill comes to the Council without a recommendation due to
lack of a quorum.
Charlotte Pfeifer
Chairman
February 2. x.999
Larry D. ~ Barbara L. Sehl
733 F Bronson fit.
South Bend In, Indiana
4660.
This is our intent vacate thE; allc;y.
Thc~ a11ey is situated betwef:n between the side of 733 ~• Bronson St. and
the rear ~~ 735 L?a;G'. The alley forms a ''' shape with the alley beahind our
property. The Lark St, properties arc terraced above thf~ rear alley.
No one uses the alley because the turn at ±he end is to tiPht.
tiTe would like to vacate the side alley because there is parkin? only
on one side of the streE>t on Bronson st. this has caused many problems with
more cars than there are parking places.
the alley at 735L~'. has pti entrances , exits or windows in the. rear
of the building and is terraced above the alley.
please see radius map with a11eS~ marked in ,yellow.
Zde pray that you will see our situ~+.ion
Thank- •,yo~
Larry D. & Barbara L. Sehl
~~ •~~~
~~~~~i~
PETITION TO VACATE PiJBL.TC' RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE ~" ~- / I
OF THE CITY OF SOUTH BEND, INDIANA
WS, TH8 UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The (1st/2nd) (east-west/north-south) ALLEY (east-west/north-south) of
CSE~ M FtP~ STREET, RUNNING east-west/north-south)
FROM STRBET, FOR A~DISTANCE OF
APPROXIMATELY 1. .2 ~ 1. FEET
TO:
AT•T, IN Frantz Addition
(Insert subds.vision name)
B. THE STREET DESCRIBED AS:
STREET, FROM
STREET, RUNNING (east-west north-south)TO STREET,
FOR A DISTANCE OF APPROXIMATELY ~ FEET.
N8~ (printed and signed) ADDRgSS LOT #
ILarry d. Barbara Iii. ~e'~1 733 ~. Bronson st. ~w~~ ~> 1459
Contact Persons
Name: larr~~ P. Se'~1
Address: 733 E. Bronson gtreet
Sout'~ Bend In 4660,
Phone '~ ~-z34-6289
Loretta J. Duda
City Clerk
Room 455, County-City Building
South Bend, Indiana 46601
(219-235-9221)
53
52
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6 O 50 /
64 49 '
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65 48
66 47
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67
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ALLEY VACATION
THE ALLEY TO BE VACATED IS DESCRIBED AS THE 1ST NORTH/WEST ALLEY NORTH/EAST
OF LINCOLNWAY EAST FROM THE NORTH/EAST RIGHT-OF-WAY OF BRONSON STREET TO
THE SOUTH/EAST RIGHT-OF-WAY OF THE 1ST NORTH/EAST ALLEY NORTH/WEST OF
BRONSON STREET FOR A DISTANCE OF APPROXIMATELY 116.2 FEET AND A WIDTH OF
APPROXIMATELY 14 FEET. ALL LOCATED IN FRANTZ'S ADD., CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA.
15 /
.~
1316 COUNTY-CITY BUILDING
SOUT}I BEND, INDIANA 46601-1830
PHONE 219/235-9251
Fax 219/235-9171
TDD 219/235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR
POARD OF PUBLIC WORKS
February 22, 1999
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Various Street and Alley Vacations
Dear Members of the Council:
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being
submitted to the Common Council concerning various street and alley vacations, as follows:
First northwest alley northeast of Lincolnway East from the north east right of way of
Bronson to the southeast right of way of the first north east alley northwest of Bronson
Street.
For your information, the Board of Public Works received favorable recommendations from
the Fire Department, Bureau of Sanitation, Division of Engineering, Department of Community and
Economic Development, Area Plan Commission and the Police Department concerning this vacation,
subject to any utility easements that may be required. The Division of Engineering stated that the
vacation will not benefit the petitioner unless he or she can purchase the land after vacation. The
entire fourteen foot alley will become additional property of Lots 1 and 2. No part of the alley will
go to Lot 4, Harper Court Addition. Additionally, if the alley is vacated, the curb cut on Bronson
Street shall be closed with curbing across and sidewalks installed. The north end of the alley should
be closed with a fence.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
Sin ely,
i
,;
/ ~ ~~
Y
Angela K~L~J cob, Clerk ,
Attachments
JAMES R. CALDWELL LEWIS N. POWELL~ P.E. M. CATHERINE ROEMER